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HomeMy WebLinkAboutPacket - PC - 02-24-2009 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council 1 PLANNING COMMISSION AGENDA Tuesday February 24, 2009, 7:00 pm Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation I. INVOCATION II. CALL TO ORDER III. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT V. APPROVAL OF MINUTES Minutes from the December 18, 2008 Planning Commission Meeting APPROVAL VI. NEW REZONINGS U09-01/VC09-01 To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C). CZIM— 1/28/09, DRB— 2/4/09, PC— 2/24/09, MCC— 3/16/09 DENIAL—U09-01 DENIAL—Part 1 of VC09-01 DENIAL—Part 2 of VC09-01 DENIAL—Part 3 of VC09-01 VII. ADJOURN Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 1 of 17 U09-01/VC09-01 PETITION NUMBER(S): U09-01 VC09-01 PROJECT NAME The Landscape Group PROPERTY INFORMATION ADDRESS 13120 Arnold Mill Road DISTRICT, LAND LOT 2/2, 1018 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 ACRES 1.74 EXISTING USE Landscaping Business PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27) OWNER Frank Schaffer ADDRESS 13120 Arnold Mill Road Milton, Georgia 30075 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U09-01 – DENIAL Part 1 of VC09-01 – DENIAL Part 2 of VC09-01 – DENIAL Part 3 of VC09-01 – DENIAL INTENT To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variance: 1) To delete the 50’ buffer and 10’ improvement setback along the west property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 2) To delete the 50’ buffer and 10’ improvement setback along the east property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1). 3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C). A. ~£CitYof Milton Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 2 of 17 U09-01/VC09-01 LOCATION MAP '-"i.:.,s City of Milton g,~M UlJ9-000NC09-<lO'l --S'lJ;eel. --S'lJ;eilll1ilS ~~,-Site_ll109~O[]1o2007TalCDigest E!5 ... _.........-...';<.~IA1J ---- Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 3 of 17 U09-01/VC09-01 ZONING MAP - -;,''''\s City of M ilto n ~~ llCl.HlIH ..... -street 0 R-2 -S1Jreoams 0 R-2A IZLl SUbjecCSite_U09JJ01 _R-3o2O[l7 Tax:DigesI._R-3A C]AG-1 _R-4 .~2 _R-4A D~'1 _R-5 _0-1 _R-M DM-1 _R-8oCUP_A C]NUP _rn 1M _water DR-1 DR-O-W lakes Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 4 of 17 U09-01/VC09-01 SITE PLAN – January 8, 2009 '.:;> - ECEIV JAN 8 2009 UUl -()I Vt.-O((01 rJ4: ifI 2.5'BLDG>SE'"r PAcK..J .J J \l~.eA.' 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The subject site is developed with an 800 sq. ft. house which is used as an office and a 3,000 sq. ft. warehouse. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 8 of 17 U09-01/VC09-01 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 8, 2009, Staff offers the following considerations: Northwest Fulton Overlay District BUILDING SETBACKS Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-feet building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. In Staff’s opinion, it appears that the applicant has met this requirement. There are no additional structures proposed on the site. Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of 60 feet, a minimum side yard of 25 feet, and a minimum rear yard of 50 feet. Staff notes that if this petition is approved, the existing house which is used as an office will be an approved non-conforming structure. Currently, the existing house encroaches into the 25 feet setback on the western side of the property. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. It appears that the applicant meets this requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. It appears that the applicant has met this requirement. Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. Staff notes that the applicant is applying for two concurrent variances to delete the 50’ buffer and 10’ landscape strip on the east and west property lines. It is Staff’s opinion that the site plan could be reconfigured in a manner to reduce the impact on required landscape buffers. Therefore, Staff finds that the use as proposed on the site plan is too intensive for the site and recommends Denial of Parts One and Two VC09-01. Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 9 of 17 U09-01/VC09-01 The Public Works Department requires that the applicant relocate the property entrance to the western side of the property. The relocation of this entrance would allow for a portion of the concrete pad to be removed on the eastern side of the property. If council desires to approve this use permit then staff recommends that Part 1 of VC09-01 be approved along the west property line, subject to the applicant removing portions of the concrete pad within the 50’ buffer and replanting the eastern side of the property to buffer standards. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided General Office (800 sq. ft.) Warehouse (3,000 sq. ft.) Total 3 spaces per 1,000 sq. ft. of building area (3 spaces) 1 space per 2,000 sq. ft. of building area (2 spaces) 5 spaces required 6 spaces 6 spaces provided Staff notes that the applicant is providing six (6) parking spaces, which meets the required three (5) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H(2).4. Section B.6. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • • • • • Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 10 of 17 U09-01/VC09-01 Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business may be compatible with other land uses in the surrounding area. Staff notes that on November 17, 2008, Milton City Council approved a use permit for a landscaping business at 13365 Arnold Mill Road (U08-06). Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area West 1 (AG-1) Agricultural Undeveloped 1-2 u/a Northwest 2 (AG-1) Agricultural Single-family home 1-2 u/a Northwest 3 (AG-1) Agricultural Single-family home 1-2 u/a North 4 (AG-1) Agricultural Single-family home 1-2 u/a Northeast 5 (AG-1 Agricultural Undeveloped 1-2 u/a Further East 6 (AG-1) Agricultural Sweet Apple Animal Hospital 1-2 u/a East 7 (AG-1) Agricultural Single-family home 1-2 u/a • Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 11 of 17 U09-01/VC09-01 .-"{:.,s City of Milton g,~M UlJ9-000NC09-<lO'l --S'lJ;eel. --S'lJ;eilll1ilS ~smjecl,-Site_ll109~mHo2007TalCDigest E!5 ... ......--.-~......'==s -==5:.'==- Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 12 of 17 U09-01/VC09-01 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use violates the City of Milton Zoning Ordinance because of inadequate buffers on the eastern and western property lines. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic, but Staff recommends that only one entrance be utilized at the western side of the property based on site distance requirements along Arnold Mill Road. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 3 parking spaces per 1,000 square feet of office space. Additionally, Article 18.2.1 requires the applicant to provide 1 parking space per 2,000 square feet of warehouse space. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates six parking spaces which meets the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately one half of the subject site is undeveloped. Staff notes that this open space is located behind the stream which bisects the property approximately in the middle. Staff is of the opinion that the proposed development will provide adequate open space on the south side of the property, but with the requested deletion of both 50’ buffers along the east and west property lines, there is not sufficient open space. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay Zone, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. As proposed by the applicant, the front half of the property where the structures and parking are located do not provide the required buffers as discussed in site plan considerations. It is Staff’s opinion that there is too much development on the front half of the property based on the required buffers and is inconsistent with nearby uses. Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 13 of 17 U09-01/VC09-01 H. Hours and manner of operation; The applicant states that the hours of operation are from 7:30am to 6:00pm. The business is a full landscape, maintenance, and design company. Equipment consists of mowers, leaf blowers, edgers, and trimmers, which are stored in boxed trucks. This business has two box trucks for lawn maintenance, two landscape trucks, two midsize pick up trucks for sales and service, one bobcat, and one box trailer. I. Streetscape lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of any possible lights on the adjacent properties. Staff notes that the applicant does not have any plans for additional lighting on the property. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Arnold Mill Road. Staff notes that there are two existing entrances to the property. The applicant proposes to close one of these entrances due to the high volume of traffic on Arnold Mill Road. Staff will require that the entrance on the east be closed to provide ingress and egress on the most western portion of the property. SIGNAGE Article 33 Section 21.C of the Milton Zoning Ordinance states, “Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from the edge of pavement if a private street and no sign shall project over the right- of-way.” The applicant states that office and driveway placement along with topography issues justify the sign variance request. Staff recommends DENIAL of Part Three of VC09-01 due to the denial of the use permit. ARBORIST Site appears too small to meet the buffers required by zoning. Vegetation within the western buffer was removed prior to submission as well as vegetation within the 75’ non-impervious setback. Eastern portion of property was previously void Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 14 of 17 U09-01/VC09-01 of trees and is being used for parking and storage. Area of disturbance around specimen pine tree appears to have been done so previously. Arborist does not support the deletion of the buffers which would very much limit the uses of this site. PUBLIC INVOLVEMENT On January 28, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one person at the meeting. Public Comments – Staff has received no phone calls or e-mails regarding this request. City of Milton Design Review Board Meeting – February 4, 2009 Front, and all side landscape strips shall be heavily planted with a mix of evergreens, per the approval of the City of Arborist, The privacy fence shall be screened, Any fence visible from Arnold Mill Rd should be decorative (with brick or stone columns. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission meeting and an update 7 business days prior to the Mayor and City Council meeting. • • • Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 15 of 17 U09-01/VC09-01 SPECIMEN TREE LOCATION MAP ---------.." "LEGENO"' RON"'!» RON'Itl =ENO:O rri jC= "'000 00'JCIl Rlror-OI ;'Rr. RI«lIU5 ~ .~_~r S£R\IIO: L.At.'PPO IAMl So'.Nr.M Cl<TC~e JUNellO ooJP o, HS/ID ,",' CCoaIl.'Jl ~I:JN"f"Al SANITAA ORi\~'. AFU'[ p~CI'e;' POR-- ~a.nt>Y. IPS 01' rc ):-)l.-X- "',••'0 CCN" RiW i\ It c PP F l! IH ~ CD .B DI 1"1/0 Cl,~ A~-l ~ O~ H F1.. P _9~ iJo(,/-Ol / V~oC1-ol RECEIVED JAN 08 l009 CIIY oC MIIlXln C<Jmm~1ty DIMlllpnenI J~. A G.-I H ::~~~o~.s '.'~ Pc·fiNe-~ -,,'-:;:',',"'-....:,...- :....-."....~':, ,.:.,..=-..)~,....•v~.--Jll__~...."!""'....._.:...~......_-~..:-:~=~._--~).,'.,.',,~L,.y "~",;d "..,,~,:,.:J...;'_.,"-I~•••••••1,( (._,...."-on/ I \d""",."'---" ~­.'. A(,-I Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 16 of 17 U09-01/VC09-01 CONCLUSION Staff finds that the proposed landscape business use might be compatible with other uses in the surrounding area if all the buffer standards were met. However, it is Staff’s opinion that the site plan could be reconfigured in a manner to reduce the impact on required landscape buffers. Therefore, Staff finds that the use as proposed on the site plan is too intensive for the site and recommends DENIAL of U09-01 and DENIAL of Parts 1-3 of VC09-01. The Public Works Department requires that the applicant relocate the property entrance to the western side of the property. The relocation of this entrance would allow for a portion of the concrete pad to be removed on the eastern side of the property. If council desires to approve this use permit then staff recommends that Part 1 of VC09-01 be approved along the west property line, subject to the applicant removing portions of the concrete pad within the 50’ buffer and replanting the eastern side of the property to buffer standards. Prepared by the Community Development Department for the Planning Commission Meeting on February 24, 2009 2/19/2009 Page 17 of 17 U09-01/VC09-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscape business within the existing house and warehouse at a density of 2,246 square feet per acre or 3908.04 square feet which ever is less. 2) To the owner’s agreement to abide by the following: b) To the site plan received by the Milton Community Development Department on January 8, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Provide any turn lanes as may be required by GDOT. b) Provide only one driveway location at the northwest end of the property based upon best sight distance as approved by the Director of Public Works and GDOT. i. Entrance shall meet the Community Service Policies and AASHTO guidelines, or be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. c) Close additional driveway and remove concrete within the Right of Way located at the southeast end of the property.